Who owns Defender?

The ownership of the Defender and who is responsible for the cost of her salvage have been the focus of a court case which has been ongoing since March 2016, with MSQ as the applicant and Les Dick as the respondent.

A court order prohibiting the sale or disposal of the vessel was imposed upon Mr Dick on March 11, 2016.

Mr Devine said he purchased the Defender for $1 from Mr Dick's son Warren Dick in February 2016, with the intention of restoring the vessel in conjunction with the Adelaide Nautical College.

The Australian Maritime Safety Authority's Shipping Registration Office confirmed that it received a bill of sale for the Defender dated February 27, 2016, and that registration was transferred from Warren Dick to Brett Devine on March 15, 2016, based on that bill of sale.

Mr Quirk said the court determined ownership of the vessel had now ceded to the state, and MSQ was permitted to dispose of the Defender as it wished.

"In the case of the vessel itself, the physical vessel, there is no doubt that we have the right now to handle the vessel as we see fit," Mr Quirk said.

"The second arm is the pursuit of the money which the taxpayers of Queensland have unnecessarily spent because Mr Dick didn't fulfil his obligations."

Is Defender a replica?

The Australian Maritime Museum's Australian Register of Historic Vessels records that the Defender was built in 1895 and is the last remaining ketch of 20 vessels constructed by boat builder George Frost.

The ship has been abandoned, burnt out and sunk over its 122-year life.

The Maritime Museum's Jude Timms said a vessel is generally considered a replica if it was built from scratch to resemble an older ship, such as the museum's HMB Endeavour replica.

"Many historic vessels have undergone extensive restoration and are referred to as an original vessel that has undergone conservation," Ms Timms said.

Les Dick took possession of the abandoned vessel in 1983 and restored it in time for Australia's Bicentennial commemorations of 1988.

He said while some components had been rebuilt, he had no doubt as to the significance of the vessel.

"The renewal of an historic vessel regardless of what it is, it is a process of renewal all the time," Mr Dick said.

"The keels, the frames, timbers, deck beams, are all original on that vessel."

Mr Devine estimated that 40 per cent of the Defender was original, and the ship's contribution to trade and military history made her worthy of salvation.

"I love history and what our forefathers and parents have done for us," Mr Devine said.

"I'd like to see kids of tomorrow see what happened in the past, and that's what they should learn from, sailing on a historic vessel."